Hearing

(1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in310 CMR11.00, the person or persons to whom any order has been served pursuant to anyregulationof 310 CMR may request a hearing before the board of health by filing with the board of health within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the board of health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The board of health, upon application of the petitioner, may postpone the date of hearing for a reasonable time beyond such 30-day period if in the judgment of the board of health the petitioner has submitted a good and sufficient reason for such postponement. (2) HearingofPetitioner. At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board After Hearing. After the hearing the board of health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the board of health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record. Every notice, order, or other record prepared by the board of health in connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city or town, or in the office of the board of health. (5) Hearing Petition Not Submitted, or Sustaining of Order. If a written petition for a hearing is not filed with the board of health within seven days after the day an order has been served or if after a hearing the order has beensustained inanypart, eachday's failure to comply with the order as issued or modified shall constitute an additional offense.